3.1 Introductory remarks
The Arctic Ocean represents a specific case with unique features from the point of view of legal regulation.(1) C. Pelaudeix, C. Humrich, eds., ”Global Conventions and Regional Cooperation: The Multifaceted Dynamics of Arctic Governance,“ in Global Arctic (Cham: Springer International Publishing, 2022), pp. 447-449, accessed October 5, 2023, https://doi-org.ezproxy.uio.no/10.1007/978-3-030-81253-9_23. It is acknowledged by the fact that UNCLOS includes the only relevant provision, Article 234, specifically applicable to the Artic regions(2) Armand de Mestral, "Article 234 of the United Nations Convention on the Law of the Sea: Its Origins and Its Future," in International Law and Politics of the Arctic Ocean (Leiden, The Netherlands: Brill | Nijhoff, 2015), pp. 111-113, accessed September 17, 2023, https://doi-org.ezproxy.uio.no/10.1163/9789004284593_006. , granting the Arctic Coastal States (Russia, Norway, Denmark, USA and Canada(3) Ilulissat, supra note 30. ) an authority to adopt and enforce special laws and regulations for the prevention, reduction, and control of marine pollution from vessels in ice-covered areas.(4) UNCLOS, supra note 11, Article 234. This article holds significant importance as it serves as a fundamental pillar upon which Arctic Coastal States, such as Russia, rely to assert their jurisdiction and validate their sovereign control over Arctic maritime areas, specifically in the case of Russia's authority over the NSR.(5) Viatcheslav Gavrilov, Roman Dremliuga, and Rustambek Nurimbetov, “Article 234 of the 1982 United Nations Convention on the Law of the Sea and Reduction of Ice Cover in the Arctic Ocean,” Marine Policy 106 (103518) (2019): pp. 1-4, accessed October 30, 2023, https://doi.org/10.1016/j.marpol.2019.103518. Thus, to lay a solid groundwork for future research and gain a comprehensive understanding of the international legal framework pertaining to the NSR, it is imperative to comprehend the fundamental essence and extent of Article 234.